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US Postal Service/Lease 96SUBLEASE AGREEMENT ORIGINAL THIS SUBLEASE AGREEMENT (the "Sublease") is entered into this 6�ay of 6vqu-, 1996, by and between the City of La Quinta, a municipal corporation formed under the laws of the State of California ("Sublessor" or "City") and the United States Postal Service ("Sublessee"). RECITALS WHEREAS, Sublessor entered into a certain Lease Agreement as "Lessee" with the La Quinta Redevelopment Agency ("Lessor") dated F - & , 1996 (the "Lease"); and WHEREAS, pursuant to the Lease, Sublessee and Sublessor desire to enter into this Sublease to effectuate the intent of the Lease which is to provide additional property to the United States Postal Service to assist them in the process of making ZIP Code adjustments that will be compatible with the City of La Quinta's municipal lines which is anticipated to become effective December 1, 1995. AGREEMENTS In consideration of the payments to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows: Section 1. DEFINITIONS "Lease" shall mean the Lease Agreement, dated as of v % 1996 between the City and the La Quinta Redevelopment Agency. "Property" shall mean the property and improvements thereon which are the subject of this Sublease Agreement and which are more particularly described in the Lease Agreement. Section 2. SUBLEASE OF THE PROPERTY The City hereby leases the Property to the Sublessee and the Sublessee hereby takes and assumes all obligations of the Lessee as set forth in the Lease with the exception of the following provisions: (a) Sublessor Assistance. Sublessor shall assist Sublessee in the amount equal to the costs of payment of all required municipal permit fees (collectively, the "Sublessor Assistance"). (b) Rent. During the term of this Sublease, Sublessee shall pay to Sublessor a rent payment amount of One Dollar ($1.00) per year for the term of the Sublease (the 'Base Rent"). Rent for any period during the term hereof which is less than one year shall be a pro rata portion of the Base Rent. Rent shall be payable to Sublessor at the address stated herein or to such other persons or at such other places as Sublessor may designate in writing. The term of this Sublease shall commence on the execution date hereof and shall terminate simultaneously with the termination of the Lease. Section 3. NOTICES All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Sublessor or Sublessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below: To Sublessor: To Sublessee: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 United States Postal Service San Diego District 11251 Rancho Carmel Drive, Room 366 San Diego, CA 92199-9321 Section 4. BINDING EFFECT This Sublease shall inure to the benefit of and shall be binding upon the City and the Sublessee and their respective successors and assigns. Section 5. SEVERABILITY If any one or more of the terms, provisions, covenants or conditions of this Sublease Agreement shall to any extent be declared invalid, enforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants and conditions of this Sublease shall be affected thereby, and each provision of this Sublease shall be valid and enforceable to the fullest extent permitted by law. Section 6. AMENDMENTS Attached hereto and made a part hereof are the United States Postal Service General Conditions to USPS Lease. The terms of this Sublease shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the City and the Sublessee or their successors in interest. 3sublease.agm 2 Section 7. APPLICABLE LAW This Sublease shall be governed by and construed in accordance with the laws of the federal law. Section 8. VALIDITY If any one or more of the terms, provisions, promises, covenants or conditions of this Sublease shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, promises, covenants and conditions of this Sublease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the City and Sublessee have caused this Sublease to be executed on their behalf by their duly authorized signataries, all as of the date first written above. CITY OF LA QUINTA By: GLENDA HOLT, Mayor "SUBLESSOR" UNITED STATES POSTAL SERVICE By. Its: "SUBLESSEE" 3sublease.agm JUUNITED STATES POSTAL SERVICE General Conditions to USPS Lease SECTION A mailed to Lessor at the address specified on page 3 of the Lease, or at an address that Lessor has otherwise appropriately directed in writing. A.1 CHOICE OF LAW Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and may be hand delivered or This Lease shall be governed by federal law. mailed, addressed to "Contracting Officer, U.S. Postal Service" at the address specified on page 3 of the Lease, or at an address that the Postal Service has otherwise directed in writing. A.2 DEFINITIONS As used in this contract, the following terms have the following A.4 MORTGAGEE'S AGREEMENT meanings: a. "Contracting officer" means the person executing this contract on behalf of the Postal Service, and any other employee who is a properly authorized contracting officer; the term includes, except as otherwise provided in the contract, the authorized representative of a contracting officer acting within the limits of the authority conferred upon that person. b. "Successful offeror," "offeror," "contractor," or "Lessor" are interchangeable and refer to the party whose proposal is accepted by the Postal Service. c. "Lease" and "agreement" are interchangeable and refer to this document, including all riders and attachments thereto. A.3 EXECUTION REQUIREMENTS a. All co -owners and all other persons having or to have a legal interest in the property must execute the Lease. If the offeror is married, the husband or wife of the offeror must also execute the Lease. The offeror must submit adequate evidence of title. b. If the offeror is a general partnership, each member must sign. c. If the offeror is a limited partnership, all general partners must sign. d. Where the offeror is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. e. Where the offeror is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. f. Where the offeror is a corporation, leases and lease agreements entered into must have the corporate seal affixed or in place thereof the statement that the corporation has no seal. g. Where the offeror is a corporation, municipal corporation, fraternal order or society, the Lease must be accompanied by documentary ,evidence affirming the authority of the agent, or agents, to execute the Lease to bind the municipal corporation, fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to sign the Lease must appear in the document. h. Notices. Any notice to Lessor provided under this Lease or under any law or regulation must be in writing and may be hand delivered or If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the offeror must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the offeror must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. A.5 EQUAL OPPORTUNITY a. The contractor may not discriminate against employees or applicants because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. This action must include, but not be limited to, employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants, notices provided by the contracting officer setting forth the provisions of this clause. b. The contractor must, in all solicitations or advertisements for employees placed by it or on its behalf, state that all qualified applicants will be considered for employment without regard to race, color, religion, sex, or national origin. c. The contractor must send to each union or workers' representative with which the contractor has a collective bargaining agreement or other understanding, a notice, provided by the contracting officer, advising the union or workers' representative of the contractor's commitments under this clause, and must post copies of the notice in conspicuous places available to employees and applicants. d. The contractor must comply with all provisions of Executive Order (EO) 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor must furnish all information and reports required by the Executive order, and by the rules, regulations, and orders of the Secretary, and must permit access to the contractor's books, records, and accounts by the Postal Service and the Secretary for purposes of investigation to ascertain compliance with these rules, regulations, and orders. f. If the contractor fails to comply with this clause or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part; the contractor may be declared ineligible for further contracts in accordance with the Executive order, and other sanctions may be imposed and remedies invoked under the Executive order, or by rule, regulation, or order of the Secretary, or as otherwise provided by law. g. The contractor must insert this clause, including this paragraph g, in all subcontracts or purchase orders under this contract unless exempted by Secretary of Labor rules, regulations, or orders issued under the RETERMSS wan. tess► � UNITED STATES MiN POST/3L SERVICE Executive order. The contractor must take such action with respect to any such subcontract or purchase order as the Postal Service may direct as a means of enforcing the terms and conditions of this clause (including sanctions for noncompliance), provided, however, that if the contractor becomes involved in, or is threatened with, litigation as a result, the contractor may request the Postal Service to enter into the litigation to protect the interests of the Postal Service. h. Disputes under this clause will be governed by the procedures in 41 CFR 60-1.1. A.6 FACILITIES NONDISCRIMINATION a. As used in this clause, the term "facility" means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this Lease is located. b. The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, religion, color, age, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility including any and all services, privileges, accommodations, and activities provided thereby. c. It is agreed that the Lessor's noncompliance with the provisions of this clause shall constitute a material breach of this Lease. In the event of such noncompliance, the Postal Service may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Postal Service in acquiring substitute space, including but not limited to the cost of moving to such space. d. The Lessor agrees to include, or to require the inclusion of the foregoing provisions of this clause (with the terms "Lessor''' and "Lease" appropriately modified) in every agreement or concession pursuant to which any person other than the Lessor operates or has the right to operate any facility. The Lessor also agrees that it will take such action with respect to any such agreement as the Postal Service may direct as a means of enforcing this clause, including but not limited to termination of the agreement or concession. A.7 OFFICIALS NOT TO BENEFIT No member of or delegate to Congress may be admitted to any part or share of this contract, or to any benefit arising from it. This prohibition does not apply to the extent this contract is with a corporation for the corporation's general benefit. A.8 CONTINGENT FEES a. The offeror warrants that no person or selling agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide, established commercial or selling agencies maintained by the Lessor for the purpose of obtaining business. b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at its sole discretion, to deduct from the contract price or consideration, or otherwise recover from offeror the full amount of the commission, percentage, brokerage fee, or contingent fee. c. Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may General Conditions to USPS Lease be considered as bona fide employees or agencies within the exception contained in this clause. A.9 ASSIGNMENT OF CLAIMS a. If this contract provides for payments aggregating $10,000 or more, claims for moneys due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with 1.The contracting officer; and 2.The surety or sureties upon any bonds. b. Except with the written consent of the Contracting Officer, assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. c. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, so long as such transfer is subject to this agreement. A.10 COMPLIANCE WITH OSHA STANDARDS To the extent this agreement is for construction, alteration, and/or repairs, the Lessor must (i) comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations, Part 1910, promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970; (ii) comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with (i); and (iii) take all other proper precautions to protect the health and safety of (a) any laborer or mechanic employed by the Lessor in performance of this agreement, (b) Postal Service employees, and (c) the public. The Lessor must include this clause in all subcontracts hereunder and to require its inclusion in all subcontracts of a lower tier. The term "Lessor" as used in this clause in any subcontract must be deemed to refer to the subcontractor. A.11 EXAMINATION OF RECORDS a. The Postal Service and its authorized representatives will, until three years after final payment under this contract, or for any shorter period specified for particular records, have access to and the right to examine any directly pertinent books, documents, papers, or other records of the contractor involving transactions related to this contract. b. The contractor agrees to include in all subcontracts under this contract a provision to the effect that the Postal Service and its authorized representatives will, until three years after final payment under the subcontract, or for any shorter specified period for particular records, have access to and the right to examine any direly pertinent books, documents, papers, or other records of the subcontractor involving transactions related to the subcontract. The tern "subcontract" as used in this clause excludes: 1. Purchase orders; and DC r=0UQQ -- 4a &% UNITED STATES POSTAL SERVICE. 2. Subcontracts for public utility services at rates established for uniform applicability to the general public. A.12 CLEAN AIR AND WATER The contractor agrees: a. To comply with all the requirements of section 114 of the Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports. and information, as well as other requirements specified in section 114 of the Clean Air Act and section 308 of the Clean Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract; b. That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing; . c. To use its best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and d. To insert the substance of this clause into any nonexempt subcontract, including this paragraph d. A.13 CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph d.2 below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d 1. A claim by the contractor must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the contractor is subject to a written decision by the contracting officer. General Conditions to USPS Lease 3. (a) If the contractor is an individual, the certification must be executed by that individual. (b) If the contractor is not an individual, the certification must be executed by: (1) A senior company official in charge at the contractor's plant or location involved; or (2) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs. e. For contractor claims of $50,000 or less, the contracting officer must, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor -certified claims over $50,000, the contracting officer must, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made. f. The contracting officer's decision is final unless the contractor appeals or files a suit as provided in the Act. g. The Postal Service will pay interest on the amount found due and unpaid from: 1. The date the contracting officer receives the claim (properly certified if required); or 2. The date payment otherwise would be due, if that date is later, until the date of payment. h. Simple interest on claims will be paid at a rate determined in accordance with the Interest clause. i. The contractor must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. A.14 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS The following clause is applicable if this contract provides for payments aggregating $2,500 or more. a. The contractor may not discriminate against any employee or applicant because of physical or mental handicap, in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified handicapped individuals without discrimination in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). 2. For contractor claims exceeding $50,000, the contractor must b. The contractor agrees to comply with the rules, regulations, and submit with the claim a certification that: relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973, as amended. (a) The claim is made in good faith; (b) Supporting data are accurate and complete to the best of the contractors knowledge and belief; and (c) The amount requested accurately reflects the contract adjustment for which the contractor believes the Postal Service is liable. c. In the event of the contractor's noncompliance with this clause, action may be taken in accordance with the rules and regulations and relevant orders of the Secretary of Labor. d. The contractor agrees to post in conspicuous places, available to employees and applicants, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractor's obligation under the law to take affirmative action to employ and advance OL-r= arucc I Ian 4aant UNITED STATES i POSTAL SERVICE_ in employment qualified handicapped employees and applicants, and the rights of applicants and employees. e. The contractor must notify each union or worker's representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terms of section 503 of the Act and is committed to taking affirmative action to employ, and advance in employment, handicapped individuals. f. The contractor must include this clause in every subcontract or purchase order over $2,500 under this contract unless exempted by rules, regulations, or orders of the Secretary issued pursuant to section 503 of the Act, so its provisions will be binding upon each subcontractor or vendor. The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce in these provisions, including action for noncompliance. General Conditions to USPS Lease exclusion does not apply to a particular opening once the contractor decides to consider applicants outside its own organization or employer/union arrangements for that opening. A.15 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA If this contract provides for payments aggregating $10,000 or more, the following clause is applicable. a. The contractor may not discriminate against any employee or applicant because that employee or applicant is a disabled veteran or veteran of the Vietnam era, in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). b. The contractor agrees that all suitable employment openings of the contractor existing at the time of the execution of this contract or occurring ;during its performance (including those not generated by this contract and those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates) will be listed at an appropriate local office of the State employment service system where the opening occurs. The contractor further agrees to provide such reports to the local office regarding employment openings and hires as may be required. State and local government agencies holding Postal Service contracts of $10,000 or more will also list all their suitable openings with the appropriate office of the State employment service. c. Listing of employment openings with the employment service system will be made at least concurrently with the use of any other recruitment source or effort and will involve the normal obligations attaching to the placing of a bona fide job order, including the acceptance of referrals of veterans and non -veterans. The listing of employment openings does not require the hiring of any particular applicant or hiring from any particular group of applicants, and nothing herein is intended to relieve the -contractor from any other requirements regarding nondiscrimination in employment. ' d. Whenever the contractor becomes contractually bound to the listing provisions of this clause, it must advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. The contractor may advise the State system when it is no longer bound by this clause. e. Paragraphs b, c, and d above do not apply to openings the contractor proposes to fill from within its own organization or under a customary and traditional employer/union hiring arrangement. But this Definitions 1. "All suitable employment openings" includes openings that occur in the following job categories: production and non -production; plant and office; laborers and mechanics; supervisory and non - supervisory; technical; and executive, administrative, and professional openings as are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than three days' duration, and part- time employment. It does not include openings the contractor proposes to fill from within its own organization or under a customary and traditional employer/union hiring arrangement or openings in an educational institution that are restricted to students of that institution. Under the most compelling circumstances, an employment opening may not be suitable for listing, including situations in which the needs of the Postal Service cannot reasonably be otherwise supplied, when listing would be contrary to national security, or when the requirement of listing would otherwise not be in the best interests of the Postal Service. 2. "Appropriate office of the State employment service" means the local office of the Federal/State national systems of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled. 3. "Openings the contractor proposes to fill from within its own organization" means employment openings for which persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent companies) will not be considered and includes any openings the contractor proposes to fill from regularly established "recall" lists. 4. "Openings the contractor proposes to fill under a customary and traditional employer/union hiring arrangement" means employment openings the contractor proposes to fill from union halls as part of the customary and traditional hiring relationship existing between it and representatives of its employees. g. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended. h. In the event of the contractor's noncompliance with this clause, action may be taken in accordance with the rules, regulations, and relevant orders of the Secretary. i. The contractor agrees to post in conspicuous places, available to employees and applicants, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. j. The contractor must notify each union or workers' representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terms of the Act and is committed to taking affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. k. The contractor must include this clause in every subcontract or purchase order of $10,000 or more under this contract unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so its provisions will be binding upon each subcontractor or vendor. RETERMSS (ran.1995) U�+ UNITEDSTATES i POSTAL SERVICE. The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce in these provisions, including action for noncompliance. A.16 GRATUITIES a. The Postal Service may terminate this contract for default if, after notice and a hearing, the Postal Service Board of Contract Appeals determines that the contractor or the contractor's agent or other representative: 1. Offered or gave a gratuity (such as a gift or entertainment) to an officer or employee of the Postal Service; and 2. Intended by the gratuity to obtain a contract or favorable treatment under a contract. b. The rights and remedies of the Postal Service provided in this clause are in addition to any other rights and remedies provided by law or under this contract. A.17 HAZARDOUSITOXIC CONDITIONS CLAUSE "Friable asbestos material" means any material containing more than 1 % asbestos by weight that hand pressure can crumble, pulverize, or reduce to powder when dry. Sites cannot have contaminated soil, water or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law is subsequently identified on the premises, the Lessor agrees to remove such materials or substances upon notification by the U. S. Postal Service at Lessor's sole cost in accordance with EPA and/or State guidelines. If the Lessor fails to remove the asbestos or hazardous/toxic materials or substances, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Lessor by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. General Conditions to USPS Lease Postal Service contract or to imply in any manner that the Postal Service endorses its products. A.19 RECORDING Recording Not Required A.20 SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. A.21 ALTERATIONS The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. Prior to expiration or termination of this lease the Postal Service may remove such alterations and improvements and restore the premises to as good condition as that existing at the time of entering upon the same under the lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Postal Service has no control, excepted. If however, at the expiration or termination of the lease or any renewal or extension thereof, the Postal Service elects not to remove such alterations and/or improvements, said alterations and/or improvements shall become the property of the Lessor and any rights of restoration are waived. A.22 APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and to obtain all necessary permits and related items at no cost to the Postal Service. A.23 DAMAGE OR DESTRUCTION OF PREMISES The remainder of this clause applies if this Lease is for premises not If the demised premises or any portion thereof are damaged or previously occupied by the Postal Service. destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection or are otherwise determined by the Postal Service to be By execution of this Lease the Lessor certifies: unfit for use and occupancy, the Postal Service may: 1. The property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances including friable asbestos, as defined by applicable State or Federal law. 2. There are no undisclosed underground storage tanks or associated piping on the property. The Lessor hereby indemnifies the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense and/or liability resulting from, brought for, or on account of any violation of this clause. A.18 ADVERTISING OF CONTRACT AWARDS Except with the contracting officer's prior approval, the contractor agrees not to refer in its commercial advertising to the fact that it was awarded a a. terminate this lease as of the date the premises become unfit for use and occupancy, or b. require the Lessor to repair or rebuild the premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. For any period the premises, or any part thereof, are unfit for use and occupancy, the rent will be abated in proportion to the area determined by the Postal Service to be untenantable. Unfitness for use does not include unsuitability arising from such causes as design, size, or location of the premises, or c. accomplish all repair necessary for postal occupancy and deduct all such costs, plus administrative burden from future rents. RFTFRMSS ui..._ iomi UNITED STATES POSTAL SERVICE_ General Conditions to USPS Lease A.24 LESSOR OBLIGATIONS n. If air-conditioning equipment is furnished - Lessor must furnish air conditioning equipment in the demised premises in good working order The Lessor's obligations regarding the services to be provided are further and, if maintained by Lessor, will be maintained in accordance with the defined as follows: Maintenance Rider included attached hereto. a. If heating system and fuel are furnished - Lessor must furnish o. If air-conditioning is furnished - Lessor must maintain a uniform heating system together with all fuel required for proper operation of the temperature of no greater than 78 degrees F. in all enclosed portions of system during the continuance of the Lease. The system must be in the demised premises and be responsible for servicing of the air good working order and, if maintained by the Lessor, will be maintained conditioning equipment including, but not limited to, the replacement of in accordance with the Maintenance Rider attached hereto. necessary filters and refrigerant as required for proper operation of the equipment together with power, water and other services for its b. If heat is furnished - Lessor must maintain a uniform heating operation. temperature of 65 degrees F. in all enclosed portions of the demised premises during the continuance of the Lease. A.25 LESSOR'S SUCCESSORS c. If heating system is furnished - Lessor must furnish heating system in good working order and, if maintained by Lessor, will be maintained in The terms and provisions of this Lease and the conditions herein are accordance with the Maintenance Rider attached hereto. binding on the Lessor, and all heirs, executors, administrators, successors, and assigns. d. If lighting fixtures and power are furnished - Lessor must provide light fixtures in good working order as well as pay all recurring electric A.26 DRUG -FREE WORKPLACE bills. e. If light fixtures are furnished - Lessor must provide light fixtures in a. Applicability. This clause applies to all contracts with individuals good working order. without regard to the dollar amount, and to all other contracts over $50,000. f. If electricity is furnished - Lessor must pay for all recurring electric b. Exceptions. This clause does not apply to those contracts that are bills and furnish the electrical system during the continuance of the to be performed completely outside of the United States, its territories, Lease. and possessions. g. If electrical system is furnished - Lessor must furnish an electrical system in good working order having a separate electrical meter. h. If water system and water are furnished - Lessor must furnish a water system in good working order and pay for all recurring water bills during the continuance of the Lease. i. If water system is furnished - Lessor must furnish a water system in good working order with separate water meter. j. If sewerage service is furnished - Lessor agrees to furnish sewerage systems including all equipment, piping, plumbing, lines, connections, septic tanks, field lines and related devices, as necessary and to pay all charges, fees and other costs for such system and services during the continuance of the Lease. k. If sewerage system is furnished - Lessor agrees to furnish sewerage systems including all equipment, piping, plumbing, lines, connections, septic tanks, field lines, and related devices, as necessary during the continuance of the Lease. I. Future Availability of Public Water and/or Sewerage Services - Regardless of Lessor's responsibility for water and/or sewerage under this Lease, if public water and/or sewerage services are not currently available, but become available in the future, the Lessor agrees to accomplish connection, maintain, and pay all fees and costs involved in connecting the building system to the public water and/or sewerage systems. After connection, the Postal Service agrees to pay recurring charges for water consumption and use of sewerage services. If connection of such services is optional, the Postal Service will determine if the connection is to be made by the Lessor. m. If air-conditioning equipment and operating power are provided - Lessor must furnish air-conditioning equipment together with all power required for proper operation of the equipment during the continuance of the Lease.. The equipment must be in good working order and, if maintained by the Lessor, will be maintained in accordance with the Maintenance Rider attached hereto. c. Definitions. As used in this clause: 1. "Controlled substance" means those substances identified in schedules I through V, Section 202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined in 21 CFR Sections 1308.11 through 1308.15. 2. "Conviction" means a finding of guilt (including a finding based on a plea of guilty or a plea of nolo contender) by any judicial body charged with the responsibility to determine violations of criminal drug statutes. 3. "Criminal drug statute" means a federal or non-federal criminal statute involving drug abuse. 4. "Drug abuse" means the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. 5. "Employee" means any person directly engaged in the performance of work under a Postal Service contract. 6. "Individual" means a contractor with no employees other than himself or herself. 7. "Workplace" means any site where work is being done in connection with this contract. Requirements 1. Contractors, except as individuals, must provide a drug -free workplace by: (a) Publishing, publicly posting, and furnishing each employee a statement that drug abuse in the workplace is prohibited and specifying what actions will be taken against employees for violations of the prohibition; (b) Establishing a drug -free awareness program to inform all employees about: DCTCGYCC ' ,-...mn UNITED STATES IMM POSTAL SERVICE (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Notifying all employees that, as a condition of continued employment on this contract, the employee must: (1) Abide by the contractor's prohibition of drug abuse in the workplace; and (2) Notify the contractor of any criminal drug conviction for a violation occurring in the workplace within five (5) days of such conviction; (d) Notifying the contracting officer within ten (10) days of receiving a notice of a conviction from an employee or otherwise; (e) Instituting appropriate personnel action, up to and including termination, against an employee or requiring the employee to complete a drug abuse assistance or rehabilitation program approved by a Federal, State, local health, law enforcement, or other appropriate agency within thirty (30) days of receiving a notice of conviction; and (f) Making consistent and good faith efforts to maintain a drug - free workplace through implementation of paragraphs d.1.(a) through d.1.(e), above. 2. The contractor, if an individual, must not engage in drug abuse in the performance of this contract. e. Sanctions. Violation of the terms of this clause may be grounds for the termination for default, and suspension or debarment from eligibility for future Postal Service contracts. A.27 DAVIS-BACON ACT The following is applicable if this agreement covers premises of net interior space in excess of 6,500 square feet and involves construction work over $2,000.00. a. Minimum Wages 1. All mechanics and laborers employed in the contract work (other than maintenance work of a recurring, routine nature necessary to keep the building or space in condition to be continuously used at an established capacity and efficiency for its intended purpose) must be paid unconditionally, and not less than once a week, without deduction or rebate (except for deductions permitted by the Copeland Regulations (29 CFR Part 3)), the amounts due at the time of payment computed at rates not less than the aggregate of the basic hourly rates and rates of payments, contributions, or costs for any fringe benefits contained in the wage -determination decision of the Secretary of Labor, attached hereto, regardless of any contractual relationship alleged to exist between the Lessor, or subcontractor and these.laborem and mechanics. A copy of the wage -determination decision must be kept posted by the Lessor at the site of the work in a prominent place where it can easily be seen by the workers. General Conditions to USPS Lease 2. The Lessor may discharge its obligation under this clause to workers in any classification for which the wage -determination decision contains: (a) Only a basic hourly rate of pay, by making payment at not less than that rate, except as otherwise provided in the Copeland Regulations (29 CFR Part 3); or (b) Both a basic hourly rate of pay and fringe -benefit payments, by paying in cash, by irrevocably contributing to a fund, plan, or program for, or by assuming an enforceable commitment to bear the cost of, bona fide fringe benefits contemplated by 40 U.S.C. 276a, or by a combination of these. 3. Contributions made, or costs assumed, on other than a weekly basis (but not less often than quarterly) are considered as having been constructively made for a weekly period. When a fringe benefit is expressed in a wage determination in any manner other than as an hourly rate and the Lessor pays a cash equivalent or provides an alternative fringe benefit, the Lessor must furnish information with the Lessor's payrolls showing how the Lessor determined that the cost incurred to make the cash payment or to provide the alternative fringe benefit is equal to the cost of the wage -determination fringe benefits. When the Lessor provides a fringe benefit different from that contained in the wage determination, the Lessor must show how the hourly rate was arrived at. In the event of disagreement as to an equivalent of any fringe benefit, the contracting officer must submit the question, together with the contracting officer's recommendation, to the Secretary of Labor for final determination. 4. If the contractor does not make payments to a trustee or other third person, the contractor may consider as payment of wages the costs reasonably anticipated in providing bona fide fringe benefits, but only with the approval of the Secretary of Labor pursuant to a written request by the Lessor. The Secretary of Labor may require the Lessor to set aside assets in a separate account, to meet the Lessor's obligations under any unfunded plan or program. 5. The contracting officer will require that any class of laborers or mechanics not listed in the wage -determination but to be employed under the contract will be classified in conformance with the wage - determination and report the action taken to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210-0001, for approval. The contracting officer will approve an additional classification and wage rate and fringe benefits therefor only if: (a) The work to be performed by the classification requested is not performed by a classification in the wage -determination; (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. 6. If the Lessor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate and fringe benefits therefor, the contracting officer must submit the question, together with the views of the interested parties and the contracting officer's recommendation, to the Wage and Hour Administrator for final determination. The Administrator or authorized representative will, within 30 days of receipt, approve, modify, or disapprove every proposed additional classification action, or issue a final determination if the parties disagree, and so advise the contracting officer or advise that additional time is necessary. The final QCT=DUQQ i I.— 4"al CUNI TED ST12TES POSTAL SERVICE approved wage rate (and fringe benefits if appropriate) must be paid to all workers performing work in the classification under the contract from the first day work is performed in the classification. The Lessor will post a copy of the final determination of the conformance action with the wage -determination determination at the site of the work. (The Department of Labor information collection and reporting requirements contained in subparagraph a.5 above and in this subparagraph a.6 have been approved by the Office of Management and Budget under OMB control number 1215-0140.) b. Apprentices and Trainees 1. Apprentices may be permitted to work only when (a) registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor, or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, or (b) if not individually registered in the program, certified by the Bureau of Apprenticeship and Training or State agency (as appropriate) to be eligible to work only if individually registered in a program approved by the Employment and Training Administration, U.S. Department of Labor. 2. The ratio of apprentices to journeymen or trainees to journeymen in any craft classification must not be greater than that permitted for the Lessor's entire work force under the registered apprenticeship or trainee program. Apprentices and trainees must be paid at least the applicable wage rates and fringe benefits specified in the approved apprenticeship or trainee program for the particular apprentice's or trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage - determination. If the apprenticeship or trainee program does not specify fringe benefits, apprentices or trainees must be paid in the full amount of fringe benefits listed on the wage -determination for the applicable classification unless the Administrator of Wage and Hour Division determines that a different practice prevails. Any employee listed on a payroll at an apprentice or trainee wage rate not registered, or performing work on the job site in excess of the ratio permitted under the registered program, must be paid the wage rate on the wage determination for the classification of work actually performed. 3. If the Bureau of Apprenticeship and Training or State agency recognized by the Bureau (as appropriate) withdraws approval of an apprenticeship program, or if the Employment and Training Administration withdraws approval of a trainee program, the contractor will no longer be permitted to utilize apprentices or trainees (as appropriate) at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (See 29 CFR 5.16 for special provisions that apply to training plans approved or recognized by the Department of Labor prior to August 20, 1975.) 4. The utilization of apprentices, trainees, and journeymen must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. c. Overtime Compensation 1. The Lessor may not require or permit any laborer or mechanic employed on any work under this contract to work more than 40 hours in any workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), unless the laborer or mechanic receives compensation at a rate not less than one -and -one-half times the laborer's or mechanic's basic rate of pay for all such hours worked in excess of 40 hours. General Conditions to USPS Lease 2. For violations of subparagraph c.1 above, the Lessor is liable for liquidated damages, which will be computed for each laborer or mechanic at $10 for each day on which the employee was required or permitted to work in violation of subparagraph c.1 above. 3. The contracting officer may withhold from the Lessor sums as may administratively be determined necessary to satisfy any liabilities of the Lessor for unpaid wages and liquidated damages pursuant to subparagraph c.2 above. d. Payroll and Other Records 1. For all laborers and mechanics employed in the work covered by this clause, the Lessor must maintain payrolls and related basic records and preserve them for a period of three years after contract completion. The records must contain the name, address, and social security number of each employee, the employee's correct classification, rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits), the daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Lessor has obtained approval from the Secretary of Labor to assume a commitment to bear the cost of fringe benefits under subparagraph a.4 above, the Lessor must maintain records showing the commitment and its approval, communication of the plan or program to the employees affected, and the costs anticipated or incurred under the plan or program. Lessors employing apprentices or trainees under approved programs must maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 2. The Lessor must submit weekly, for each week in which any work covered by this clause is performed, a copy of all payrolls to the contracting officer. The Lessor is responsible for the submission of copies of payrolls of all subcontractors. The copy must be accompanied by a statement signed by the Lessor indicating that the payrolls are correct and complete, that the wage rates contained in them are not less than those determined by the Secretary of Labor, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed. Submission of the Weekly Statement of Compliance (see 29 CFR 5.5(a)(3)(ii)) required under this agreement satisfies this requirement. As required by this clause, the Lessor must submit a copy of any approval by the Secretary of Labor. (The Department of Labor information collection and reporting requirements in this subparagraph d.2 have been approved by the Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) 3. The Lessor's records required under this clause must be available for inspection by authorized representatives of the contracting officer and the Department of Labor, and the Lessor must permit the representative to interview employees during working hours on the job. 4. The Lessor must comply with the Copeland Regulations of the Secretary of Labor (29 CFR Part 3), which are hereby incorporated in this contract by reference. e. Withholding of Funds. The contracting officer may withhold from the Lessor under this or any other contract with the Lessor so much of the accrued payments or advances as is considered necessary to pay all laborers and mechanics the full amount of wages required by this contract or any other contract subject to the Davis -Bacon prevailing wage requirements that is held by the Lessor. RETERMSS ija _ t99s► UNITEDSTATES JMW POSTAL SERVICE. f. Subcontracts 1. If the Lessor or any subcontractor fails to pay any laborer or mechanic employed on the site of the work any of the wages required by the contract, the contracting officer may, after written notice to the Lessor, suspend further payments or advances to the Lessor until violations have ceased. A.28 BANKRUPTCY In the event the lessor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the lessor will furnish, by certified mail, written notification of the bankruptcy to the contracting officer responsible for administering the contract. The notification must be furnished within five days of the initiation of the bankruptcy proceedings. The notification must include the date on which the bankruptcy petition was filed, the court in which the petition was filed, and a list of Postal Service contracts and contracting officers for all Postal Service contracts for which final payment has not yet been made. This obligation remains in effect until final payment under this contract. General Conditions to USPS Lease RETERMSS (Jan. im) PACIFIC FACILIT 98 9 VIG UNITED PaSr�LS October 11, 2005 ►OFFICE CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT Douglas R. Evans, Comm. Devel. Dir. City of La Quinta P. O. Box 1504 La Quinta CA 92217-1504 RE: La Quinta — Main Office Parking Lease Extension Dear Mr. Evans, Per your letter dated October 6, 2005, 1 am accepting on behalf of the Postal Service the Sublease Extension of the La Quinta Main Post Office parking until August 6, 2012 at the rate of $1.00 annually. Thank you. John J. Fraher Contracting Officer 395 OYSTER POINT BOULEVARD SOUTH SAN FRANCISCO, CA 94080-0300 650-615-7214 FAx 650-615-7218 PACIFIC FACILITIES SERVICE OFFICE 10UWEDSTATES PiOSTAL.SERWE August 17, 2005 City of La Quinta 78-495 Calle Tampico La Quinta CA 92253-9997 Attn: Community Development Director SUBJECT: La Quinta, CA 92253-9998 Main Office Parking Finance Number: 05-4294-008 Dear Sir or Madam: Attached is a lease extension for the subject sublease between the city of La Quinta and the U. S. Postal Service for parking area at the Main Post Office. I have proposed a 4 year extension on our sublease to coincide with your lease with the La Quinta Redevelopment Agency. If the expiration of your lease has changed, please replace the expiration date on my lease amendment to the correct date. If you approve of the lease extension, please sign both copies and return them in the self- addressed envelope enclosed. Upon execution by the Contracting Officer, one of the originals will be returned to you. If you have any questions, please give me a call at (650) 615-7214. Sincerely, Q. John J. Fraher Real Estate Specialist Attachment: As Noted 395 OYSTER POINT BOULEVARD SOUTH SAN FRANCISCO, CA 94080-0300 650-615-7214 FAx 650-615-7218 UNITED STATES POSTAL SERVICE. CERTIFIED MAIL # 70060810000581029515 Return Receipt Requested Date 06/25/2009 CITY OF LA QUINTA 78-495 CALLE TAMPICO LAQUINTA, CA 92253-9997 Landlord's Notice of Termination SUBJECT: Notice of Termination Facility Name/Location: LA QUINTA - MAIN OFFICE PARKING (054194-008)`- - 51321 AVENIDA BERMUDAS, LA QUINTA, CA 92253-9998 Dear CITY OF LA QUINTA In accordance with the terms of the Lease under which the Postal Service leases from you the above postal quarters, please be advised: that the Lease will terminate upon its expiration date, 08/06/2011. The Postmaster will arrange to have the meters read and the utilities disconnected. All postal equipment will be removed by the above date, and the keys will be mailed or delivered to you. If you prefer to make specific arrangements for the keys, please contact the Postmaster. The Postal Service wishes to express its appreciation for your cooperation in providing the leased premises for its use. If you have any questions concerning this termination notice, please contact this office. Sincerely, Laureen Contracting Officer Pacific FSO 395 Oyster Point Blvd So. San Francisco, CA 94080-0300 Phone: (650) 615 - 7251 cc: District Postmaster Nearest Inspection Service office (if applicable —keys, Streich observation units, etc.) Fed Ex Coord. RES Termination BAR 2 P.O. Box 1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 April 19, 2001 Mr. Ron Borkgren, Real Estate Public Facilities Service Office United States Postal Service 395 Oyster Point Boulevard South San Francisco, CA 94099-0300 RE: LA QUINTA MAIN OFFICE PARKING LEASE EXTENSION Dear Mr. Vorkgren: (760)777-7000 FAX (760) 777-7101 The City Council/Redevelopment Agency considered your request for a five year extension on the Sublease between the Redevelopment Agency and the United States Postal Service at its meeting of April 17, 2001. The City Council/Redevelopment Agency approved your request for an extension at the rate of $1 .00 per year. The new expiration date for the Sublease is August 6, 2007. Should you have any questions, please contact me at 760-777-7125. Sincerely, JERRY HERMAN Community Development Director JH:bjs G:\W PDOCS\ItrjhPOExtapp.wpd i 10 78496 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 October 16, 1996 United States Postal Service San Diego District 11251 Rancho Carmel Drive, Room 366 San Diego, California 92199-9321 Attn: Contracting Officer Please find enclosed, a fully executed copy of the Sublease Agreement between the City of La Quinta and the United States Postal Service relative to property located at 51-350 Avenida Navarro, La Quinta, California. Also enclosed, is a copy of the Lease Agreement between the City of La Quinta and the La Quinta Redevelopment Agency pertaining to the same piece of property. If I can be of further assistance, please feel free to call me. Si erely, 4SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California MAILING .ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 � UNITED STATES 2 POSTAL SERVICE - Facility Name/Location MAIN OFFICE PARKING (054194-008) 51321 AVENIDA BERMUDAS. LA OUI Amendment No: 001 Lease:F00000013567 This refers to the Lease accepted by the United States Postal Service, hereinafter called the Postal Service, under date of 08/06/1996 , whereby there is leased to the Postal Service the above -described facility. WHEREAS, the Postal Service desires and Landlord is willing to amend the Lease as specified below, NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows, effective 12/11/2009: Pursuant to the Notice of Termination issued by the Postal Service dated 6/25/2009 which states said lease will terminate upon its expiration date on 8/6/2011, this amendment changes the expiration/termination date to 12/11/2009, Landlord has inspected the property and has no claim for restoration. In all other respects, the Lease shall remain the same and is hereby confirmed. February 2004 UNITED STATES JIMM POSTAL SERVICE. Lease Amendment �r� EXECUTED BY LANDLORD this day of V /I t% . GOVERNMENTAL ENTITY By executing this Lease Amendment, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: CITY OF LA QUINTA Name & Title Name & Title Thomas, GenQX.7Q. J t a-Il.agar Name & Title Name & Title Name & Title Name & Title Name & Title Name & Title Landlord's Address: CITY OF LA QUINTA 78-495 CALLS TAMPICO LA QUINTA, CA Zip+492253-9997 Landlord's Telephone Nurnber(s): (760) 777 - 7000 a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service" at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: l Laureen Yamakido Contracting Officer na re of Con ractin O e Pacific FSO 395 Oyster Point Blvd #225, South San Francisco, CA 94080-0300 Address of Contracting Officer Signature Page leaseamd Gvt, Entity (April 2009) 2